March 17, 1969
Honorable Marie Winters Opinion No. M-358
Firemen's Pension Commissioner
1010 Sam Houston Building Re: Whether volunteer fire-
Austin, Texas 78701 men operating an emer-
gency ambulance service
as a regular operating
portion of the Volunteer
Fire Dept. are covered
by Sees. 7 8 and 12 of
Dear Mrs. Winters: Article 6243e, V.C.S.
You have requested an opinion of this office on the
above captioned question.
Article 6243e, Vernon's Civil Statutes, reads, in
part, as follows:
II
. . .
"Sec. 7. Whenever a person serving as an
active fireman duly enrolled in any regularly
active fire department in any city or town in
the State having a population of less than five
hundred thousand (500,000) according to the
last preceding Federal Census, which city or
town is now within, or may hereafter come
withqn the provisions of this Act, shall be-
come physically or mentally disabled while
n and/or n consequence 0
kop;i~;~~u~;:d Board off4rustees
the perfor??nce
sha
, or without such request,
if it shall deem proner and for the good of
the department, retire such person from active
service either upon total or partial disability
as the case may warrant. . . .
"Sec. 8. Whenever any duly enrolled mem-
ber of any regularly organized active fire
department of any city or town now coming
-1768-
Mrs. Marie Winters, page 2
within or that may hereafter come within the
nrovisions of this Act as herein limited. on
account of accident or other temporary dis-
ability caused or sustained~while in, and/or
iLn consequence of the performance of his
3 ti b fi dt h it 1 t
H$ azdg a:&1 ~e~%re"$e trofssFona1
services of.a physician; surgeon br nurse,
said Board of Trustees shall upon presentation
of properly itemized and verified bills there-
for, order paid from the Firemen's Relief and
Retirement Fund of that city or town, all nec-
essary hospital, physician's, surgeon's, nurse's
and/or medicine bills or expenses and not less
,thanFive Dollars ($5) nor more than Fifteen
Dollars ($15) per week to such fireman during
such temporary disability; provided however,
that in no case shall the amount or amounts
so paid for such bills and expenses exceed the
aggregate sum of One Hundred Dollars ($100)
in any one month; and provided further, that
the benefits provided by this Section shall
not apply to any city or town having a fully
paid fire department.
II
. . *
"Sec. 12. If any member of any depart-
ment In any city or town having a population
of less than five hundred thousand (500,000)
according to the last preceding Federal Census,
which city or town is now within or may here-
after come within the provisions of this Act,
who has been retired on allowance because of
length of service or disability. shall there-
after die from any cause whatsoever; or if
while In service, any member shall die from
any cause growing out of and/or in consequence
of the performance of his duty; or shall di‘e-
from any cause whatsoever after he has become
entitled to an allowance or pension certificate
and shall leave surviving a widow, a child or
children under the age of eighteen (1.8)years
or a dependent parent, said Board of Trustees
shall,,orderpaid a monthly allowance as follows:
. . . (Emphasis added.)
-1769-
. -
Mrs. Marie Winters, page 3
This office held in Attorney G;neral's Opinion No, M-
231 (1968) that paid firemen performing emergency ambulance
service as a duty of the fire department would be eligible for
the benefits authorized by Section 7 and Section 12 of Article
6243e.
It is the opinion of this office that duly enrolled
volunteer firemen performing "emergency" ambulance service as
a duty of the Volunteer Fire Department are covered for benefits
under Sections 7, 8 and 12 of Article 6243e, Vernon's Civil
Statutes, on the same basis that paid firemen are afforded
coverage for emergency ambulance duties.
SUMMARY
Duly enrolled volunteer firemen performing
"emergency" ambulance service as a duty of the
Volunteer Fire Department are covered for dis-
ability benefits under Sections 7, 8 and 12 of
Article 6243e, Vernon's Civil Statutes.
Very truly yours,
4Gzigk&P&F
At rney General of Texas
Prepared by William J. Craig
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
George Kelton, Vice-Chairman
James McCoy
Bill Corbusler
Jo Betsy Lewallen
Sally Phillips
W. V. GEPPERT
Staff Legal Assistant
-1770-